Marginal note:Offences involving more than one animal, plant or object

• 34. (1) If an offence involves more than one wild animal, plant or object, the fine to be imposed in respect of that offence may, despite section 33, be the total of the fines that would have been imposed if each of the wild animals, plants or objects had been the subject of a separate information.

• Marginal note:Continuing offences

  (2) If an offence is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

• Marginal note:Deeming — second and subsequent offence

  (3) For the purposes of section 33, a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources.

• Marginal note:Limitation

  (4) For the purposes of subsection (3), only previous convictions on indictment or on summary conviction, or under any similar procedure under any Act of the legislature of a province, are to be considered as previous convictions.

Marginal note:Due diligence defence

35. A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent its commission.

Marginal note:Determination of small revenue corporation status

36. For the purpose of section 33, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

Marginal note:Fundamental purpose of sentencing

37. The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting the Park through the imposition of just sanctions that have as their objectives

• (a) to deter the offender and any other person from committing offences under this Act;

• (b) to denounce unlawful conduct that damages or creates a risk of damage to the Park; and

• (c) to restore resources in the Park.

Marginal note:Sentencing principles

• 38. (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person who is convicted of an offence under this Act:

  • (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and

  • (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

• Marginal note:Aggravating factors

  (2) The aggravating factors are the following:

  • (a) the offence caused damage or risk of damage to resources in the Park;

  • (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable resources in the Park;

  • (c) the damage caused by the offence is extensive, persistent or irreparable;

  • (d) the offender committed the offence intentionally or recklessly;

  • (e) by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs;

  • (f) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence;

  • (g) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources; and

  • (h) after the commission of the offence, the offender

    • (i) attempted to conceal its commission,

    • (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or

    • (iii) failed to take prompt action to reduce the risk of committing similar offences in the future.

• Marginal note:Absence of aggravating factor

  (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.

• Meaning of “damage”

  (4) For the purposes of paragraphs (2)(a) to (c), “damage” includes loss of use value and non-use value.

• Marginal note:Reasons

  (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, it must give reasons for that decision.

Marginal note:Relief from minimum fine

39. The court may impose a fine that is less than the minimum amount provided for in section 33 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in that section.

Marginal note:Additional fine

40. If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court must order the person to pay an additional fine in an amount of money equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

Marginal note:Notice to shareholders

41. If a corporation that has shareholders is convicted of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.

Marginal note:Liability of directors, officers, etc., of corporations

• 42. (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duties of directors and officers of corporations

  (2) Every director and officer of a corporation must take all reasonable care to ensure that the corporation complies with

  • (a) this Act; and

  • (b) orders made by a court or the superintendent under this Act.

Marginal note:Forfeiture

• 43. (1) If a person is convicted of an offence, the court may, in addition to any punishment imposed, order that any seized thing, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

• Marginal note:Return if no forfeiture ordered

  (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner or the person lawfully entitled to it.

• Marginal note:Retention or sale

  (3) If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Disposition by Minister

44. Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct.

Marginal note:Application of fines

• 45. (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the Park or for administering that Fund.

• Marginal note:Recommendations of court

  (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or organization specified by the court for a purpose referred to in subsection (1).

Marginal note:Orders of court

• 46. (1) If a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

  • (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the person to take any action that the court considers appropriate to remedy or avoid any damage to any resources in the Park that resulted or may result from the commission of the offence;

  • (c) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action that is taken, that is caused to be taken or that is to be taken as a result of the act or omission that constituted the offence, including the costs of assessing the appropriate remedial or preventive action;

  • (d) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;

  • (e) directing the person to prepare and implement a pollution prevention plan or an environmental emergency plan;

  • (f) directing the person to carry out, in the manner established by the Minister, monitoring of the environmental effects of any activity or works on resources in the Park or directing the person to pay, in the manner specified by the court, an amount of money for that purpose;

  • (g) directing the person to implement an environmental management system approved by the Minister;

  • (h) directing the person to have an environmental audit conducted by a person of a class specified by the Minister at the times specified by the Minister and to remedy any deficiencies revealed during the audit;

  • (i) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the protection, conservation or restoration of the Park;

  • (j) directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

  • (k) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

  • (l) directing the person to submit to the Minister, if requested to do so by the Minister at any time within three years after the date of conviction, any information with respect to the person’s activities that the court considers appropriate in the circumstances;

  • (m) directing the person to perform community service, subject to any reasonable conditions that are imposed in the order;

  • (n) directing the person to pay, in the manner specified by the court, an amount of money to enable research to be conducted into the protection, conservation or restoration of the Park;

  • (o) requiring the person to surrender to the Minister any permit, licence or other authorization issued to the person under this Act;

  • (p) prohibiting the person from applying for any new permit, licence or other authorization under this Act during any period that the court considers appropriate;

  • (q) directing the person to pay, in the manner specified by the court, an amount of money to environmental or other groups, to assist in their work related to the Park;

  • (r) directing the person to pay, in the manner specified by the court, an amount of money to an educational institution, including for scholarships for students enrolled in studies related to the environment; and

  • (s) requiring the person to comply with any other conditions that the court considers appropriate.

• Marginal note:Suspended sentence

  (2) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1).

• Marginal note:Imposition of sentence

  (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

• Marginal note:Publication

  (4) If a person fails to comply with an order made under paragraph (1)(j), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person.

• Marginal note:Debt due to Her Majesty

  (5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount of money to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Enforcement

  (6) If the court makes an order under paragraph (1)(c) directing a person to pay an amount of money to any person other than Her Majesty in right of Canada and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

• Marginal note:Cancellation or suspension of permits, etc.

  (7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.

• Marginal note:Coming into force and duration of order

  (8) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and must not continue in force for more than three years after that day unless the court provides otherwise in the order.